Chapter21. EVIDENCE AND WITNESSES.  


Article 1. General Provisions.
Division 1. Evidence.
Division 1. Generally.
§ 12-21-1. Production of books, etc., generally - By parties; failure to comply.
§ 12-21-2. Production of books, etc., generally - By resident nonparties; failure to comply.
§ 12-21-3. Compelling books, etc., to be produced; parol in lieu thereof.
§ 12-21-3.1. Subpoena of law enforcement officers and investigative reports; disposition of criminal matters.
§ 12-21-4. Taking of affidavits outside state.
§ 12-21-5. Copy of hospital records - Admissibility.
§ 12-21-6. Copy of hospital records - Subpoena duces tecum; inspection; form; weight.
§ 12-21-6.1. Reproduction and delivery of medical records.
§ 12-21-7. Copy of hospital records - Certificate of custodian.
§ 12-21-8. Destruction of exhibits offered and received in evidence.
§ 12-21-9. Exclusion of audience where evidence vulgar, etc.
§ 12-21-10. Division cumulative as to proof of documents or records.
§ 12-21-11. Applicability of provisions regulating admissibility or proof of facts.
§ 12-21-12. Proof by substantial evidence required; scintilla rule abolished; higher standard of proof; substantial evidence defined; application.
§ 12-21-13. Physical evidence not precluded from jury or court because of break in chain of custody.
Division 2. Competency and Admissibility.
§ 12-21-30. Declarations of deceased persons as to ancient rights.
§ 12-21-31. Written settlements for composition of debts.
§ 12-21-32. Books of account kept by deceased executor, etc.
§ 12-21-33. Parol to show writing void.
§ 12-21-34. Certificate of public officer on nonexistence of record or entry of such.
§ 12-21-35. Certified transcripts of official governmental books, etc.; duty to furnish.
§ 12-21-36. Certified copies of surveyor general's books, etc.
§ 12-21-37. Private legislative acts.
§ 12-21-38. Copies of proceedings and judgments of foreign courts not of record.
§ 12-21-39. Handwriting - Evidence for comparison.
§ 12-21-40. Handwriting - Comparison of disputed writing with genuine.
§ 12-21-41. Evidence of title to lands.
§ 12-21-42. Books of account as proof of accounts.
§ 12-21-43. Writings or records made in regular course of business - Originals.
§ 12-21-44. Writings or records made in regular course of business - Photostatic, photographic, or microphotographic plate or film of originals, or prints thereof; rights thereto when original not available.
§ 12-21-45. Evidence that medical or hospital expenses to be paid or reimbursed admissible as competent evidence.
Division 3. Authentication of Documents, Proof of Facts, etc.
§ 12-21-60. Proof of written instrument's execution by maker.
§ 12-21-61. Subscribing witnesses - When must be produced.
§ 12-21-62. Subscribing witnesses - Proof of execution when dead, etc.
§ 12-21-63. Accounting for alteration in writing introduced as genuine.
§ 12-21-64. Proof of laws of foreign countries.
§ 12-21-65. Proof of unwritten or common law of other states and territories.
§ 12-21-66. Proof of land office deeds or written instruments for conveyance or sale of land.
§ 12-21-67. Proof of exemplifications or copies of records, etc., kept in public office.
§ 12-21-68. Proof of publication of notice.
§ 12-21-69. Proof of posting of notice.
§ 12-21-70. Authentication of foreign state, territory, or country's legislative acts; effect thereof.
§ 12-21-71. Authentication of foreign state, territory, or country's public records or books; effect thereof.
§ 12-21-72. Authentication of paper or document by bureau or department head.
§ 12-21-73. Additional or alternative mode of proof of certain official documents.
Division 3.5. Alabama Uniform Unsworn Foreign Declarations Act.
§ 12-21-80. Short title.
§ 12-21-81. Definitions.
§ 12-21-82. Applicability.
§ 12-21-83. Validity of unsworn declaration.
§ 12-21-84. Required medium.
§ 12-21-85. Form of unsworn declaration.
§ 12-21-86. Uniformity of application and construction.
§ 12-21-87. Relation to electronic signatures in Global and National Commerce Act.
Division 4. Weight and Sufficiency.
§ 12-21-90. Official notice of armed forces death.
§ 12-21-91. Official report of person missing, etc.; presumption of signer's authority.
§ 12-21-92. Secretary of State's publication of foreign interest rates.
§ 12-21-93. Statutes of other states and territories.
§ 12-21-94. Transcripts of congressional acts and foreign statutes.
§ 12-21-95. Municipal ordinances, bylaws, and resolutions.
§ 12-21-96. Land patents.
§ 12-21-97. Pre-1879 documents or certified copies executed by Governor as evidence of sale or transfer of state lands.
§ 12-21-98. Certificates and transcripts as evidence of land title and facts.
§ 12-21-99. Recitals in sheriff's deed.
§ 12-21-100. Judgments.
§ 12-21-101. Certified registers of marriages, births, and deaths.
§ 12-21-102. Copies of letters testamentary, administration, and guardianship.
§ 12-21-103. Transcribed records.
§ 12-21-104. Copies of required official bonds, etc., and transcripts.
§ 12-21-105. Certificate of notary, etc., as to presentment for acceptance, etc., of instrument governed by commercial law.
§ 12-21-106. Official entry on paper as evidence of registry.
§ 12-21-107. When certified copy good secondary evidence.
§ 12-21-108. Historical works, etc., as evidence of facts of general notoriety and interest.
§ 12-21-109. Effect of written receipts, releases, discharges, and judgments entered pursuant to pro tanto settlements generally.
§ 12-21-110. Receipts for money.
§ 12-21-111. Verified itemized statement as evidence of account's correctness.
§ 12-21-112. Written contract as evidence of debt or duty; impeachment thereof.
§ 12-21-113. Price current and commercial lists.
§ 12-21-114. Market value testimony.
Division 2. Witnesses.
Division 1. Generally.
§ 12-21-130. Interpreters generally.
§ 12-21-131. Interpreters for persons defective in speech and/or hearing - When furnished; qualifications; notice of need for interpreter; proof of deafness; requests to be channeled through certain organizations; listing of qualified interpreters; oath of interpreter; confidentiality; fee for services.
§ 12-21-132. Interpreters for persons defective in speech and/or hearing - How furnished.
§ 12-21-133. Interpreters for persons defective in speech and/or hearing - Duty of handicapped person; provisions cumulative.
§ 12-21-134. Interpreters for persons defective in speech and/or hearing - Compensation and expenses.
§ 12-21-135. How testimony given.
§ 12-21-136. Oath or affirmation for oral testimony.
§ 12-21-137. Right of cross-examination.
§ 12-21-138. Leading questions.
§ 12-21-139. Disclosure of evidence sought by objected-to question.
§ 12-21-140. Motion to exclude answer unnecessary.
§ 12-21-141. Right of witness to be protected.
§ 12-21-142. Exemption of news-gathering persons from disclosing sources.
§ 12-21-143. Failure of witnesses to testify.
§ 12-21-144. Taxation of costs for taking of depositions.
§ 12-21-145. Applicability of provisions regulating admissibility or proof of facts.
§ 12-21-146. Definition of "physician" extended.
Division 2. Competency.
§ 12-21-160. Expert witnesses.
§ 12-21-161. Testimony of attorney, etc., for or against client.
§ 12-21-162. Witness convicted of crime.
§ 12-21-163. Witness having interest.
§ 12-21-164. Deceased borrower's representative as usury witness.
§ 12-21-165. Incompetent witnesses.
§ 12-21-166. Confidentiality of communications with clergymen.
Division 3. Attendance.
§ 12-21-180. Subpoenas for witnesses.
§ 12-21-181. Compelling of appearance and testimony of expert witnesses.
§ 12-21-182. Proceedings upon failure of subpoenaed witness to attend and remain.
§ 12-21-183. Execution of warrants for witnesses and other process in adjoining counties.
§ 12-21-184. Securing attendance of witnesses until case disposed of.
Article 2. Criminal Cases.
Division 1. General Provisions.
§ 12-21-200. Proof of intent to injure, defraud or cheat.
§ 12-21-201. When proof of incorporation necessary.
§ 12-21-202. Exclusion of audience where evidence vulgar, etc.
§ 12-21-203. Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct.
Division 2. Witnesses.
Division 1.
§ 12-21-220. Right of defendant to be witness; effect of prosecution's comment on defendant's failure to testify.
§ 12-21-221. Witness having pecuniary interest in case.
§ 12-21-222. Accomplice's testimony for felony conviction.
§ 12-21-223. Discharged codefendant as witness for prosecution.
§ 12-21-224. Acquitted codefendant as witness.
§ 12-21-225. Testimony for state or defendant by convict.
§ 12-21-226. Wife against husband in abandonment cases.
§ 12-21-227. Husband and wife for or against one another.
Division 2. Attendance.
§ 12-21-240. Attendance of witnesses - Generally.
§ 12-21-241. Attendance of witnesses - Where case continued.
§ 12-21-242. Attendance of witnesses - On remand for new trial.
§ 12-21-243. Subpoena of witnesses - Grand jury appearance.
§ 12-21-244. Subpoena of witnesses - Trial appearance.
§ 12-21-245. Subpoena of witnesses - Authority of district attorney.
§ 12-21-246. Subpoena of witnesses - Execution.
§ 12-21-247. Conditional judgment against defaulting witnesses - Entry.
§ 12-21-248. Conditional judgment against defaulting witnesses - Notice; when made absolute.
§ 12-21-249. Conditional judgment against defaulting witnesses - Effect of two notices returned "not found."
Division 3. Depositions.
§ 12-21-263. Taking testimony of convict in penitentiary on interrogatories by defendant.
§ 12-21-264. Taking of deposition or videotaped deposition when victim or witness unavailable because of exceptional circumstances.
Division 4. Securing Attendance of Out-of-State Witnesses.
§ 12-21-280. Short title.
§ 12-21-281. Definitions.
§ 12-21-282. Procedure for securing attendance of witness within state at criminal proceeding, etc.; in another state; fees and allowances; effect of failure of summoned witness to attend and testify.
§ 12-21-283. Procedure for securing attendance of witness in another state at criminal proceedings, etc., within state; fees and allowances; effect of failure of summoned witness to attend and testify.
§ 12-21-284. Exemption from arrest or service of process of persons coming into or passing through state in obedience to summons to attend and testify.
§ 12-21-285. Construction of subdivision.
Division 5. Certificate of Analysis.
§ 12-21-300. Offering of certificate of analysis in lieu of testimony.
§ 12-21-301. Notice of intent to offer proof by certificate of analysis.
§ 12-21-302. Request for hearing to show cause why subpoena should be issued for cross-examination.
§ 12-21-303. When subdivision not applicable.
Article 3. Alabama Uniform Interstate Dispositions and Discovery Act.
§ 12-21-400. Short title.
§ 12-21-401. Definitions.
§ 12-21-402. Foreign subpoena; request; issuance.
§ 12-21-403. Service of subpoena.
§ 12-21-404. Construction with other rules and laws.
§ 12-21-405. Application for protective order.
§ 12-21-406. Uniformity of laws.
§ 12-21-407. Application of article.